Moushumi Bhattacharya, J. - (1.) Both these appeals arise out of a Judgment and decree dated 29th June, 2017, which has been challenged by two sets of appellants. The appellants in APD 443/2017 were before the learned First Court as added defendants. The two appeals are being disposed of by this judgment.
(2.) The impugned Judgment was delivered in a suit for specific performance of two agreements filed by the plaintiff/respondent: Shyama Enclave Private Limited. The suit was originally filed against Sanjib Kumar Roy and Jamuna Bala Roy and the plaint was later amended on 30th November, 2004 by which the subsequent purchasers were added as defendant nos. 2(b) to 2(zx). The original defendant nos. 1 and 2 (Sanjib Kumar Roy and Jamuna Bala Roy) were the owners of the suit property and entered into an agreement for sale of the suit property to the extent of their respective shares in the said property. The agreement to sell the suit property was in the form of a writing dated 22nd January, 2000 (marked as Exhibit A) by which the plaintiff agreed to purchase the property for a total consideration of Rs.1,70,00,000/- (Rupees One Crore Seventy Lakhs). The case made out by the plaintiff was that the original defendants in this agreement agreed to the following terms; (a) That the vendor would apply and get permission from the Income Tax authorities under Section 269 UC of the Income Tax Act, 1961; (b) That after getting permission from Income Tax authorities under the aforesaid provision, the purchaser would pay to the vendor the total amount of Rs.1,70,00,000/- (Rupees One Crore Seventy Lakh) only. A sum of Rs.70,00,000/-(Rupees Seventy Lakh) only, was to be paid immediately, Rs.50,00,000/- (Rupees Fifty Lakh) only, was to be paid within three months and the balance of Rs.50,00,000/- (Rupees Fifty Lakh) only, within six months of the permission from the Income Tax authorities; (c) Upon receiving such payment of Rs.70,00,000/- (Rupees Seventy Lakh) only, from the purchaser, the vendor would hand over vacant and peaceful possession of the entire premises no.7, Grant Lane, Kolkata -12 except the ground floor and 50% of the first floor and on receiving the second payment of Rs.50,00,000/- (Rupees Fifty Lakh) only, from the purchaser, the vendor would hand over vacant and peaceful possession of the 50% of the first floor and on receiving the balance amount of Rs.50,00,000/- (Rupees Fifty Lakh) only, from the purchaser, the vendor would hand over vacant and peaceful possession of the entire ground floor of the entire premises for the exclusive use, sale or otherwise transfer of the purchaser. (d) The entire suit property (premises no.7, Grant Lane, Kolkata - 700012) was free from encumbrances and the vendor had a clear and undisputed marketable title to the said property. (e) All the original documents, title deeds regarding the suit property would be handed over by the vendor to the purchaser at the time of making first payment of Rs.70 lakhs. (f) The purchaser would have every right to sell, transfer and otherwise dispose of the entire and/or part area of the portion under the possession of the purchaser in the suit premises. (g) Until permission is obtained from Income Tax Authority as mentioned, the purchaser would be allowed to make internal works such as brick portions, electrical jobs, minor repairs, replacing asbestos roofs at top floor on behalf of the vendor.
(3.) A supplementary agreement (Exhibit B) for sale of the same property was executed between the plaintiff and the original defendants on 22nd February, 2000 by varying and amending the original agreement dated 22nd January, 2000. By the supplementary agreement, the parties agreed that the purchaser would pay a total sum of Rs.5,00,000/- (Rupees Five Lakh) only, on execution of the supplementary agreement, which the vendor accepted and acknowledged and would pay another sum of Rs.25,00,000/- (Rupees Twenty Five Lakh) only, by 22nd March, 2000 to the vendor.;